In the matter of Arresso Consulting Pty Ltd [2019] NSWSC 997

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Arresso Consulting Pty Ltd [2019] NSWSC 997 Hearing dates: 31 July 2019 Decision date: 31 July 2019 Jurisdiction: Equity Before: Ward CJ in Eq Decision: 1. Order pursuant to s 499(3) of the Corporations Act 2001 (Cth) that Glenn Crisp be appointed as Liquidator of Arresso Consulting Pty Ltd (in Liquidation) and that this appointment take effect immediately upon Glenn Crisp filing the appropriate notice with the Australian Securities and Investments Commission. 2. Order pursuant to s 473A(1) of the Corporations Act 2001 (Cth) that Sule Arnautovic be appointed as liquidator of MP&HE Services Pty Ltd (in Liquidation) and that this appointment take effect immediately upon Liam Bellamy filing with the Registrar and the lodgement with the Australian Securities and Investments Commission a memorandum of resignation in accordance with r 7.1 of the Supreme Court (Corporations) Rules 1999 (NSW). 3. Order that, to the extent necessary, leave be granted in accordance with s 532(2) of the Corporations Act 2001 (Cth) for the replacement of Liam Bellamy with Glenn Crisp and Sule Arnautovic as liquidator of Arresso Consulting Pty Ltd (in Liquidation) and MP&HE Services Pty Ltd (in Liquidation) respectively. Catchwords: CORPORATIONS – Winding up – replacement of liquidator – where proposed liquidators are connected with the same firm as resigning liquidator – whether proposed liquidators should be appointed liquidator of respective companies Legislation Cited: Corporations Act 2001 (Cth), ss 473, 473A, 499, 532 Supreme Court (Corporations) Rules 1999 (NSW), r 7.1 Cases Cited: Condon v Watson [2009] FCA 11; (2009) 174 FCR 314; 69 ACSR 350 In the matter of Bridgewater Investments Pty Limited and other Companies referred to in Schedules A and G to the Amended Originating Process [2013] NSWSC 426 In the Matter of FGM Print Pty Ltd [2018] NSWSC 1478 In the matter of Kukulovski, Arnautovic & Crisp [2015] NSWSC 2040 In the matter of Richard James Porter and David Ian Mansfield [2012] NSWSC 220 Re Free [2010] NSWSC 1079 Rowena Margaret Sigelski, James Alexander Shaw, Paul William Gidley and the Corporations Act 2001 (Cth) [2012] NSWSC 449 Category: Principal judgment Parties: Glenn Crisp (First Plaintiff) Sule Arnautovic (Second Plaintiff) Liam Bellamy (Third Plaintiff) Representation: Counsel: P Hegarty (Solicitor)